Pennsylvania HB 1309: An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, providing for electronic monitoring of in-home supportive care; and making editorial changes.

Bill Text

PRINTER'S NO. 1503
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1309
Session of
2025
INTRODUCED BY ORTITAY, ROWE AND NEILSON, APRIL 28, 2025
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 28, 2025
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," providing for electronic
monitoring of in-home supportive care; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article VI of the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code, is amended by adding a
subarticle heading immediately preceding section 601 to read:
SUBARTICLE A
LIFE PROGRAM
Section 2. Article VI of the act is amended by adding a
subarticle to read:
SUBARTICLE B
ELECTRONIC MONITORING OF IN-HOME SUPPORTIVE CARE
Section 611. Scope of subarticle.
This subarticle relates to monitoring of care recipients.
Section 612. Definitions.
The following words and phrases when used in this subarticle
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Care recipient." An individual enrolled in the LIFE program
who receives in-home supportive care in the individual's home in
this Commonwealth.
"Caregiver." An individual providing in-home supportive care
to a care recipient through the LIFE program.
"Electronic monitoring device." A video surveillance
instrument installed in the home of a care recipient receiving
in-home supportive care in the care recipient's home in
accordance with this subarticle, which broadcasts, photographs
or records visual activity occurring in the care recipient's
home.
"Guardian." A fiduciary who has the care and management of
the estate or person of an incapacitated person under 20 Pa.C.S.
Ch. 55 (relating to incapacitated persons).
"Home." A residential dwelling that does not include any
facility that is owned, rented, leased, operated by or licensed
by the Department of Health or the department.
"In-home supportive care." Services provided by the LIFE
program in a care recipient's home.
"LIFE program." As defined in section 602(d).
"Unauthorized electronic monitoring device." An electronic,
mechanical or other means of monitoring a wire or electronic
communication that does not meet the provisions of this
subarticle and is specifically used for the nonconsensual
interception of wire or electronic communications.
Section 613. Notification of electronic monitoring device.
(a) Notification.--Before a care recipient receives in-home
supportive care from a caregiver, the care recipient or the
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guardian of the care recipient shall notify the caregiver in
writing whether an electronic monitoring device is present.
(b) Presence.--If an electronic monitoring device is present
in the care recipient's home, the care recipient or guardian of
the care recipient shall notify the caregiver in writing of the
following:
(1) The location of the electronic monitoring device.
(2) The specifics of the electronic monitoring device,
including the type, function and use of the electronic
monitoring device.
(3) Notification of the prohibition of audio recording
under 18 Pa.C.S. Ch. 57 (relating to wiretapping and
electronic surveillance).
(4) While providing in-home supportive care, the
caregiver consents to being recorded visually.
(5) Notice of release from liability for privacy
violation through the use of the electronic monitoring
device.
(6) A release from civil liability on the part of a
caregiver for a violation of the care recipient's privacy
rights regarding the use of the electronic monitoring device
in the care recipient's home.
(c) Form.--The caregiver may provide a form to the care
recipient or the guardian of the care recipient to obtain the
required information under subsection (b).
Section 614. Restrictions.
(a) Electronic monitoring device restrictions.--An
electronic monitoring device in a care recipient's home may not:
(1) Record audio.
(2) Be placed in a bathroom.
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(3) Be obstructed.
(b) Privacy and dignity.--The privacy and dignity of a care
recipient should be considered when installing, moving and
establishing placement of an electronic monitoring device.
Section 615. Electronic monitoring device requirements.
The following apply to an electronic monitoring device in a
care recipient's home:
(1) The electronic monitoring device shall be placed in
a conspicuous location.
(2) If the electronic monitoring device records activity
visually, the recording shall denote the date and time.
(3) Any cost incurred with the installation, maintenance
or removal of an electronic monitoring device shall be the
responsibility of the ca